XN000022-1995-06-28 — Page 25

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Other amendments proposed by the Bills Committes

hile we have accepted nearly half of the amendments suggested by Honourable Members, there are some which the Administration cannot accept as a matter of principle. I would like to highlight our concerns on several key issues.

Commencement date

ne proposed amendment provides for the Ordinance to come into force on or before 1 January 1996. We appreciate Members' desire to see the Ordinance brought into force as soon as possible. Indeed, Government shares the same sentiment. However, before the Bill is brought into force, it is necessary first to establish the Equal Opportunities Commission, engage adequate staff and provide for all the other support facilities needed to enable the Commission to carry out fully its statutory duties.

Just as importantly, the provisions of the Bill in relation to employment matters should not come into effect until the relevant Codes of Practice have been prepared by the Equal Opportunities Commission. These Codes of Practice will provide essential guidance to all parties involved to enable them to better comply with the Ordinance. We envisage that the Codes of Practice concerned will require about nine months to be finalised following the establishment of the Equal Opportunities Commission. The proposal for all the provisions of the Ordinance to be commenced on or before 1 January 1996 would mean bringing provisions into operation before they can be adequately enforced.

International Treaty Obligations and certain International Instruments

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Another proposed amendment would link the objectives of and provisions of the Bill with certain international treaties and instruments. This proposal presupposes that the purpose of the Sex Discrimination Ordinance is to give effect to these international treaties. This is not the case. As I have made it clear, the purpose of the Bill is to render unlawful certain kinds of sex discrimination, discrimination on the grounds of marital status or pregnancy and sexual harassment and to provide for the establishment of the Equal Opportunities Commission. The proposed amendment would confuse and detract from this clear legislative intent. It would also distract the Commission from clearly defined functions and duties.

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